What Makes a Will Valid in South Africa?
Having a valid will is one of the most important steps you can take to ensure your wishes are respected after your passing. In South Africa, the Wills Act sets out specific legal requirements that must be met for a will to be considered valid. At Burger Huyser Attorneys, we provide expert legal services to help you draft, review, and finalise your will according to South African law.
Without a valid will, your estate could be distributed according to the rules of intestate succession, which may not reflect your true intentions. Our experienced team ensures your will complies with all legal requirements and accurately expresses your wishes.
Requirements for a Valid Will in South Africa
Creating a valid will is more than just writing down your intentions. Certain formalities must be followed to ensure it is legally binding. Burger Huyser Attorneys offers legal guidance through every step of the process, giving you peace of mind that your final wishes are protected and enforceable.
Written Format and Signature
A valid will in South Africa must be in writing. It can be handwritten, typed, or printed, but must be signed by the testator (the person making the will) on each page and at the end. This signature confirms that the will is the final and true expression of the testator’s wishes. Burger Huyser Attorneys assists in ensuring the document is properly prepared and signed to meet legal standards.
Presence of Competent Witnesses
Two competent witnesses, who are 14 years or older and not beneficiaries under the will, must witness the testator’s signature. These witnesses must be present at the same time when the testator signs the will. At Burger Huyser Attorneys, we help arrange for independent and qualified witnesses, ensuring this critical requirement is properly fulfilled.
Testamentary Capacity and Intention
The testator must have the legal capacity to make a will, meaning they are over 16 years old and mentally capable of understanding the consequences of their decisions. Our legal team ensures that all elements of capacity and intention are in place when drafting a will, so that your will stands up to legal scrutiny and potential challenges.
Voluntary and Free Expression
The will must be made freely and voluntarily, without any coercion, influence, or pressure from others. Burger Huyser Attorneys ensures that the drafting process is clear, transparent, and respectful of the testator’s independence and intentions.
How Burger Huyser Attorneys Can Assist You With a Valid Will
Drafting a valid will can feel overwhelming, especially with all the legal requirements involved. Burger Huyser Attorneys offers professional and personalised assistance with every step of the will drafting process. Our goal is to ensure that your will reflects your wishes and meets all legal standards to remain valid in court.
We help with:
- Drafting clear and legally compliant wills
- Reviewing existing wills for legal validity
- Advising on amendments or codicils
- Assisting executors and estate administrators after a testator’s death
Our team takes the time to understand your unique needs, family dynamics, and estate planning goals to provide practical and trustworthy legal solutions.
Secure Your Legacy – Contact Us Today
Don’t leave your estate planning to chance. Ensuring your will is legally valid is essential to protect your family and your legacy. At Burger Huyser Attorneys, we are here to guide you through the process of creating a will that is not only compliant with South African law but also clear, comprehensive, and enforceable.
Take control of your future today. Contact Burger Huyser Attorneys for professional guidance on drafting a valid will. Let us help you secure peace of mind for yourself and your loved ones.
Contact Burger Huyser Attorneys, and book a consultation.
To speak to one of our experienced attorneys in South Africa for immediate assistance, contact us on the numbers below:
Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358;  Pretoria call 064 548 4838;
Centurion call 061 516 7117; Alberton call 061 515 4699; Bedfordview call 061 536 3223
DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE
